Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN GALINDO-MURILLO, No. 2:23-cv-00645-EFB (HC) 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 WARDEN, FCI-HERLONG, 15 Respondent. 16 17 Petitioner is a former federal prisoner proceeding without counsel in this petition for writ 18 of habeas corpus brought under 28 U.S.C. § 2241. ECF No. 1. Before the court is respondent’s 19 motion to dismiss the petition (ECF No. 15), to which petitioner has filed an opposition. ECF 20 No. 17. For the reasons set forth below, the motion must be granted. 21 I. The Petition 22 When petitioner commenced this action on April 6, 2023, he was confined to federal 23 prison at Federal Correctional Institution—Herlong.1 ECF No. 1 at 1. Petitioner alleges that 24 respondent violated the “First Step Act” (18 U.S.C. §§ 3632, 3624(g)) by failing to award him 25 earned-time credits for programs he completed, which entitled him to release 365 days early. Id. 26 at 1-2. Petitioner asserts that, based on his…